Legal Recourse After Being Hit by a NYPD Car

An NYPD officer fatally struck a pedestrian in Queens this past weekend, raising questions about accountability when accidents involve police vehicles. The tragic collision occurred near the USTA National Tennis Center in Flushing Meadows Corona Park, just a day before the U.S. Open was set to begin.

According to police reports, the officer was driving a marked NYPD squad car at around 10 mph on United Nations Avenue South when she hit a man lying in the roadway around 4:39 p.m. Emergency medical services rushed the victim to New York-Presbyterian Queens Hospital, where he was later pronounced dead. The officer remained at the scene, and the NYPD Highway District Collision Investigation Squad is now investigating.

Can You Sue After Being Hit by a NYPD Car?

Accidents involving law enforcement vehicles present unique legal challenges. While police officers often have certain protections under New York law, that does not mean victims and their families are left without recourse.

Negligence and Duty of Care: Police officers are required to operate their vehicles safely, even while performing official duties. If an officer fails to do so and someone is injured or killed, the NYPD or City of New York may be held liable.
Emergency Exceptions: New York law provides some leeway for officers responding to emergencies. However, that protection is not absolute. Officers must still drive with “due regard for the safety of all persons.” If they act recklessly, immunity may not apply.
Wrongful Death Claims: Families of individuals killed in police-involved crashes may pursue a wrongful death lawsuit. Such claims can help recover damages for funeral costs, loss of support, and the emotional toll of losing a loved one.

Strict Time Limits for Filing Claims

When the City of New York or a government agency is involved, strict procedural rules apply:

A Notice of Claim must generally be filed within 90 days of the accident.
A lawsuit must typically be filed within one year and 90 days of the incident.
Failing to meet these deadlines may prevent you from pursuing compensation altogether.

Because of these short deadlines, it is essential to speak with an experienced attorney as soon as possible after the accident.

Holding the City Accountable

Police vehicles are often involved in high-risk situations, but that does not excuse negligence. Victims and their families deserve answers and compensation when preventable tragedies occur. An experienced Queens car accident attorney can investigate whether proper protocols were followed, whether reckless driving played a role, and whether the city should be held liable.

If you or a loved one has been injured in a collision involving a police vehicle, contact the attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. With more than 100 years of experience handling complex accident cases in New York, our top trial lawyers are prepared to fight for justice. Call 212-943-1090 for a free consultation.